Adams declined to answer a series of questions from councilor Andrea Samson, who mentioned that some community members are asking for the officer to be fired. According to the lawsuit, Garner spent two hours inside an LPD jail cell and an additional three hours inside a cell at the Larimer County Jail. Those actions, according to the suit, were determined to be a violation of department policy. The suit claims that the city should not have fired Ashe and asks for a jury trial. Its unclear who reviewed that report and whether those who reviewed the report looked at the body camera footage. Ticer said there will be an internal affairs investigation handled by the city's human resources director. Metzler remains at the department on paid administrative leave and prosecutors did not charge him criminally. The body camera footage can be heard but not seen on the police station video. The officer in the frame is Jalali who tells Garner to "Quit it" as she pulls her arm behind her back. (Warning: The content in this video is graphic and may be disturbing to some viewers.). 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Another investigation will look at the departments policies and procedures as a whole and recommend changes. Living at Kimberly Court can seem like living in the most convenient location in Boulder. Metzler and three other Loveland officers involved in Garners arrest are no longer with the department, Fort Collins man sues Loveland police officer, alleges wrongful DUI arrest, currently faces multiple felony charges alleging he assaulted Garner, Loveland police buy new body cameras, Tasers to enhance de-escalation, transparency efforts. As fellow now-former officer Daria Jalali responded to the scene, Hopp allegedly separated Garner's shoulder by forcing her arm behind her back and up near her shoulder blades. FORT COLLINS, CO - MAY 5, 2022: Former Loveland Police Officer Austin Hopp speaks to the judge during his sentencing hearing Thursday, May 5, 2022, at the Larimer County Justice Center in Fort Collins. Loveland Police Chief Robert Ticer said at a news conference Friday that Hopp, Blackett and Jalali "are no longer employed" with the department but declined to specify whether they resigned. Hopp the first officer to arrive on scene faces charges of second-degree assault, attempt to influence a public servant and official misconduct, court records show. It is a crime to help other people commit crimes, she said. The city attorney will review all use-of-force cases in the future, he said. Ashe filed a lawsuit in 8th Judicial District Court against the city of Loveland in December, alleging that he should not have been fired and asking for his job back. A Warner Bros. According to a YouTube transcription of the video, Hopp then asks, Are you ready for the pop? as Jalali covers her ears. 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During an open public comment period, callers who spoke on the issue were unilaterally critical of the police department. appreciated. Ashe was not involved in Garners arrest or the civil lawsuit filed against the department and several officers, including Metzler. CNN has contacted the Fraternal Order of Police numerous times and has not heard back. 2023 CBS Broadcasting Inc. All Rights Reserved. "Hear the pop?". Samson received the support of Mayor Jacki Marsh and councilors Ball and Molloy for the council to discuss creating a citizen board to oversee law enforcement activities. The suit claims that Ashe was fired on that day for asking a records technician to do a search of reports involving Sgt. ", The woman is then seen being pushed against the cop car as she once again screams, "I'm going home.". I want to extend my deep appreciation to Chief Ticer for his nearly six years of leadership, stewardship, and vision for Loveland. Additionally, he said the department is mandating training around mental health conditions, specifically Alzheimers and dementia, and including the City Attorneys Office and Human Resources staffers on the review of use-of-force reports entered into the BlueTeam software suite. She is no longer the happy woman collecting flowers that can be seen in the first seconds of Hopps body camera footage and is now fearful of everyone even her family. It's unclear why Metzler and Hill were not among those no longer with the department. As first reported by CBS4, the Larimer County District Attorney's Office elected to move forward with a plea agreement against the will of the Garner Family, something they have the legal right to do. Three Loveland, Colorado, police officers are no longer employed with the department after their involvement in the arrest and booking of a 73-year-old woman with dementia. Both were arrested and charged with crimes related to Garner's arrest. Fogle also moved successfully for the council to add a public comment period to study sessions for the next 120 days, with Olson casting the only no vote and councilor Don Overcash absent. The citys human resources department and an outside group will conduct an internal investigation into the incident and decide whether more officers should be disciplined. ", First published on April 30, 2021 / 2:58 PM. In . (Jenny Sparks/Loveland Reporter-Herald), Austin Hopp and Daria Jalali (credit: Larimer County). While councilor John Fogle asked Adams whether the city could share a timeframe of when more information would be released, Adams said the city wants to communicate more frequently but is limited by the timeframe of Fort Collins Police Services investigation on behalf of the 8th Judicial District Attorneys Office. This is an archived article and the information in the article may be outdated. That's how it works," Jalali says. Applicants are strongly encouraged to review the LPD Hiring Disqualifier Policy and other requirements prior to submitting an application. "I've been in law enforcement 32 years, and what I saw in there hurt me personally. "It is clear that the only thing that has 'hurt him personally' has been the attention this case has brought to his department. A little muddy. The excessive force lawsuit detailed how the aggressive conduct seen on the bodycam video from the June 26, 2020 arrest caused Garner to suffer a fractured upper arm and dislocated shoulder along with other injuries. Jalali, who recently arrived, said, "Stand up! The detectives compiled a 600-page report on the incident, which will not yet be made public because there is now an open criminal case. Garner's daughter, Allisa Swartz, spoke about the arrest with 9Wants to Know reporter Matt Jablow. Mark Hansel. During the press conference, Ticer didn't specify whether the officers resigned or were fired. Bodycams are my favorite thing to watch. LOVELAND, Colo. (CBS4) - Nearly two years after allegedly breaking the arm of an elderly woman living with dementia during a controversial arrest, former Loveland Police Officer Austin Hopp was sentenced to five years in prison as part of a plea agreement to lessen his jail sentence. She said she doesn't understand why the officers did what they did and said the incident has made her mother's dementia worse. Hopp arrested Karen Garner in June 2020 after she allegedly left a store without paying for about $14 worth of items. The city of Loveland and Loveland Police Department settled the lawsuit with Sowl in January for nearly $300,000. The city settled that suit for $290,000, and according to previous reporting by the Reporter-Herald, a separate police department internal investigation found Ashe violated department policy surrounding use of force, limits of authority and search and seizure. Councilor Rob Molloy, who had previously tried to schedule a closed-door performance review of Adams and City Attorney Moses Garcia, slammed the citys management of the crisis. The lawsuit says Garner had attempted to leave a Walmart with less than $14 worth of items she forgot to purchase. Well, I thought it went great, Hopp says, adding, I think we crushed it., Later in the video, as officers begin watching, Jalali, who assisted in the arrest, says body camera footage is like live TV.. Metzler arrived after Garner was in the vehicle. A lawsuit has been filed against a Colorado police department over claims their officers used excessive force during the arrest of a 73-year-old woman. Metzler was placed on leave on April 27 and makes $2,362 a week, Loveland salary records show. Lovelands City Council grappled Tuesday with new footage released in the Karen Garner lawsuit and heard concerns from citizens on the citys handling of the issue. Body camera footage from Hopp showed him approaching Garner as she walked home. McLaughlin said in the statement that he will consider the officers' comments about the arrest, along with other evidence, in making his charging decision. Those officers no longer work for the department and their sergeant resigned but Ticer remained in place until now. Copyright 2023 CBS Interactive Inc. All rights reserved. Police were. Our hearts could not possibly ache any more, the statement read. Arresting Officer, Two Others Resign After Lawsuit Says They Celebrated Violent Arrest of 73-Year-Old Woman with Dementia Alberto Luperon Apr 30th, 2021, 3:38 pm Three police officers resigned after they and the city of Loveland, Colorado were sued over the rough arrest of 73-year-old Karen Garner, who a lawsuit says has cortical dementia. This material may not be published, broadcast, rewritten, or redistributed. City officials could not be reached Friday to confirm the date his employment ended. Further, the investigation showed that Daria Jalali, having witnessed that excessive force, failed to live up to her duties under the law and as a sworn peace officer to either intervene or report that conduct.. Hopp tells Jalali to help him get Garner on the ground and then he hogties her and forces her into the back of a police car. Metzler was Hopp and Jalalis supervising officer at the time of Garners arrest. June 17, 2022 The father of a teenage girl filed a lawsuit on Wednesday against three police officers in Loveland, Colo., who arrested her in 2020, saying the men used excessive force when. The bodycam footage shows Hopp chase down Garner, who is 5ft tall and weighs just 80 pounds, and tackle her to the ground as she shouts: "I'm going home.". All rights reserved. Most of the departments officers have completed Alzheimers awareness training since the lawsuit was filed and the department also will do more de-escalation training, the chief said. The city of Loveland has not filed a response in court, and City Attorney Moses Garcia said he could not comment on pending litigation. A prosecutor in the Eighth Judicial District Attorneys Office reviewed the body camera footage of the arrest months prior to the lawsuit as part of the criminal case filed against Garner, McLaughlin said Wednesday in response to a reporters question. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. Carrying a wildflower in her hand, she failed to comply to multiple orders to stop. Loveland, Colorado, police officers watch body camera footage of Karen Garner's arrest. Thats when another video clip showed the uniformed duo snickering and fist-bumping as they watched Hopps bodycam video of the bust. A violent snapping sound can be heard when Hopp assists and pushes Garners arm as she shrieks in pain. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. She then confirmed the blood belongs to Garner. At least one supervising officer, Sgt. I just want justice for my mom.. That avoided the minimum 10 to 30 or more years in prison he would have faced had there been a trial and a conviction. You are just minutes from Greenwood & Myers Mortuary is the first choice for many families when they are seeking funeral services in Boulder. Ticer decided on Oct. 1 to fire Ashe for those actions without issuing a final written warning and without consulting with the Loveland Human Resources Department, according to the suit filed by Ashe. The lawsuit says that Garner "was bleeding from the nose, forehead, and wrist, all over herself.". LPD publicly claimed earlier this month that they were unaware of the incident until the lawsuit was filed, nearly a year after the incident happened. Officers shown on video fist bumping while having discussions about the arrest of Karen Garner on June 26, 2020. Show Transcript. Soon after the lawsuit was filed, Ticer showed contrition. Schielke said her client did not stop when Hopp asked because she did not understand him. The charges for former officers Austin Hopp, 26, and Daria Jalali, 27, come after the 8th Judicial District Critical Incident Response Team (CIRT) completed its review of the violent arrest of Garner, who has dementia. Garner never returned to normal after the arrest and has become largely non-communicative, her family says. While city officials did not immediately respond to questions about the lawsuit, Human Resources Director Julia Holland confirmed in October that Ashe was on unpaid administrative leave as a result of an independent investigation into the departments policies and practices tied to the arrest of Karen Garner in 2020. The results of the independent assessment were released publicly and presented to the city council in January. "Ready for the pop?" Former Loveland Police officers Austin Hopp and Daria Jalali are facing multiple criminal counts for their actions. He also said there was no internal affairs investigation immediately after the arrest. The case was later dismissed. RELATED: Larimer DA announces independent investigation after forcible arrest of 73-year-old woman. Jalali then arrives on scene. "Seeing horrible things that people do to each other every day really plays a part in that disconnect, and when that disconnect really happens, [that video is] what it looks like," Fanning told 9NEWS. Not what happened to our mother. She said it was "unacceptable" that Metzler and Hill remain with the department. An initial lawsuit was filed on April 14, but the new amended suit filed Sunday names the city of Loveland and five officers as defendants. City of Loveland via YouTube/ lovgov.org On September 7, the City. Garner was wrestled to the ground within 30 seconds of a police officer exiting his patrol car. She remained in that cell for two and a half hours, the lawsuit states, until she was taken to a hospital. When she tried to turn around and said, as she did repeatedly, that she was trying to go home, he pushed her back against the car and moved her bent left arm up near her head, holding it, saying, "Are you finished? The video shows both officers struggling with Garner. And last month, the city of Loveland reached a $290,000 settlement in a lawsuit filed against the police department for allegedly wrongfully arresting a man in September 2019. Garners family released a statement Tuesday saying they were devastated because Garner is a human being that was treated by Loveland police like an animal., We are physically sickened. The arrest, captured on an officers body camera, repeatedly shows Garner saying, Im going home, to the arresting officer. 10:25 PM EDT, Wed April 28, 2021, Video shows police officers laugh at arrest footage of elderly woman. Garner was 73 when she was arrested and was reportedly injured as a result of that arrest. ", "He said that our mothers case has 'hurt him personally,'" the family statement said. Her lawyer, Sarah Schielke, said the officers dislocated Garner's shoulder, broke a bone in her arm and sprained her wrist. Austin Hopp Daria. / CBS/AP. Hopp, Jalali and Blackett all failed to mention a shoulder injury in their original reports, even though investigators determined that Hopp heard about the potential injury on a phone before he submitted his use-of-force statement, the affidavit states. Adams declined to respond to Molloys criticisms. While Lovelands Police Department said Monday that it would not comment on new footage released by Garners attorney, City Manager Steve Adams opened the meeting by sharing his own concerns about the video that shows arresting officer Austin Hopp and others in the police department laughing and joking about the arrest of the 73-year-old with dementia. Psychologist Kathi Fanning, who is the director of training for the Center for Trauma and Resilience, said that kind of reaction from the officers could be a sign of desensitization. All Rights Reserved. A Loveland law office has filed a federal civil rights lawsuit against the Loveland Police Department and the officers involved in Garner's arrest after it allegedly caused a fractured. Loveland Officers Austin Hopp and Daria Jalali and Community Services Officer Tyler Blackett stepped down over the June 2020 arrest of Karen Garner, Police Chief Robert Ticer said during a. The city settled on a $3 million payment stemming from the suit filed on behalf of Garner. Three more Colorado police officers have been placed on administrative leave in connection with the violent arrest of a 73-year-old woman with dementia, according to the Loveland city managers office. Ticer said it "hurt" to see the video of Garner's arrest. An audible pop is heard on the camera, something Hopp acknowledged hearing in footage later released by Loveland police. I get word from an email, I get word from the newspaper, I get word not from the city that works for the elected officials, he said. ", "It hurt to see that," Ticer said Friday in reaction to the bodycam video. Hopp responds by roughly taking Garner to the ground, handcuffing her and then forcing Garner to her feet. The lawsuit claims Ashe was fired because he was not an employee of the Police Department who has been trained in the use of the records management system and therefore was not authorized to query this information.. 3.9K 231K views 8 months ago A consulting firm that the city of Loveland brought in to assess the Loveland Police Department last year amid several lawsuits filed over officers' use of. Police were called and the arrest left Garner with multiple injuries, including a broken humerus, a dislocated shoulder and a sprained wrist, according to the lawsuit. The Associated Press contributed to this report. These opportunities and partnerships provided a mechanism to put more police officers into our schools to protect our children and staff. The incident occurred in 2020 but a lawsuit wasnt filed until last year. But Hopps affidavit shows that Hopp did file a report. The other officer involved in the arrest, Daria Jalali, was originally reassigned. I will consider those statements along with all relevant evidence compiled by the (Critical Incident Response Team) in making a charging decision.. That is when Hopp is seen grabbing Garner by the arm and forcefully taking her to the ground. The Loveland Emergency Communications Center (LECC) is a 24-hour, 365 day/year operation, serving as the Public Safety Answering Point (PSAP) answering all 911 calls over 260 square miles of southern Larimer County, as well as non-emergent calls to Loveland Police Department. The investigation will be led by Fort Collins Police Services. The lawsuit alleges he was fired on Oct. 1, and that his termination was upheld in November. Loveland Officers Austin Hopp and Daria Jalali and Community Services Officer Tyler Blackett were all on administrative leave before Chief Robert Ticer announced their departures from the. According to LPD, the incident took place on June 26, 2020, but police said until this month; they had not received a complaint regarding "serious injuries" to Garner. Schielke said the arresting officers told the Larimer County Jail staff that Garner was uninjured despite obvious signs that she had painful injuries. For an optimal experience visit our site on another browser. Civil rights attorney Sarah Schielke,. Ashe claims the term "query" is not defined and vague in the department's policy, and is "susceptible to more than one meaning. The LPD officers on administrative leave include: Schielke alleges the video shows the three arresting officers watching body camera video of Garner's arrest, laughing and celebrating the excessive force, and fist-bumping the fact that one of the officers intimidated a citizen who stopped to make a complaint. Hopp tells the sergeant the blood is Garner's. The four officers being placed on leave follows the release of video showing officers identified as Hopp, Jalali and Blackett laughing as they begin to watch the body camera footage of Garners arrest. That is the law in Colorado. Garner filed a federal lawsuit this month saying Hopp dislocated her shoulder when she was arrested and that she did not receive medical care for about six hours after being taken to the county jail. We don't play this game. 2. I found the video very difficult to watch.. Who is Quintin Jones and why is he on death row? Your California Privacy Rights / Privacy Policy. The results of the independent assessment were released publicly and presented to the city council in January. Jalali can be seen in the bodycam video pinning helping Hopp to pin Garner to the police car Credit: The Life & Liberty Law Office. "They were not fired. The department has been under scrutiny since the forceful arrest of 73-year-old Karen Garner in 2020. Minyvonne Burkeis a senior breaking news reporter for NBC News. After serving on the LPD for nearly six years, Bob Ticer is leaving to take the position as chief of the Prescott Valley Police Department in Arizona. Were going to get informed as quickly as we can, and so is the community, he said. LOVELAND, CO - APRIL 30, 2021: Loveland Police Chief Bob Ticer speaks Friday, April 30, 2021, about three officers involved the the Karen Garner arrest that are no longer with the department. experienced, we hope that this sentence can bring some measure of justice to her and her family.". I look forward to working with the dedicated and professional men and women of the Prescott Valley Police Department and working hard to ensure we have strong relations with the community as we work to reduce crime and improve traffic safety there. Former Loveland Police Officer Paul Ashe sues, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Former Loveland Police Officer Paul Ashe sues for wrongful termination, Loveland Museum showcases mid-century masters of the New York School, Loveland, Berthoud law enforcement calls: Arrests for impaired driving, Man charged with shooting at Larimer County deputies sentenced to 18 years in prison, Ferguson High School student business wins top DECA award, Brought to you by Prairie Mountain Publishing. After a brief investigation, Hopp resigned from the Loveland Police Department, as did Jalali. I wish to thank the community and professional members of Loveland PD who focused on our mission to reduce crime and increase traffic safety through a smart data-driven approach. Elise Schmelzer is the public safety reporter at The Denver Post and covers policing, crime and criminal justice. Though Samson pushed at one point for the council to change the topic of an upcoming town hall to an open discussion of the Garner issue, her request did not get the needed votes. Are you finished? 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